Williams, Jr. v. State of Nevada et al

Filing 22

ORDER that the clerk shall SERVE a copy of this order and plaintiff's complaint on the Office of the Attorney General for the State of Nevada, attention Kat Howe. Within 21 days of entry of this order, subject to the findings of the Screening Order 12 , the Attorney General's Office shall file a notice advising the Court and plaintiff regarding service on the defendants. Signed by Magistrate Judge Nancy J. Koppe on 8/16/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OSCAR WILLIAMS,

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Plaintiff,

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vs.

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BRIAN WILLIAMS, et al.,

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Defendants.

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2:12-cv-01913-JAD-NJK
ORDER

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This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from state

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court. The complaint was previously screened by the Court. (Docket No. 12). The screening order

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imposed a 90-day stay and the Court entered a subsequent order in which the parties were encouraged

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to engage in informal settlement discussions. (Docket Nos. 12 & 14). The Office of the Attorney

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General has filed a status report indicating that settlement was not reached and informing the Court of

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its intent to proceed with this action. (Docket No. 21).

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IT IS THEREFORE ORDERED that:

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The Clerk shall electronically SERVE a copy of this order and a copy of plaintiff’s

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complaint on the Office of the Attorney General of the State of Nevada, attention Kat

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Howe.

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2.

Subject to the findings of the screening order (Docket No. 12), within twenty-one (21)

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days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing last-known-address information under seal.

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As to any of the named defendants for which the Attorney General’s Office cannot accept

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service, the Office shall file, under seal, the last known address(es) of those defendant(s)

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for whom it has such information.

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3.

If service cannot be accepted for any of the named defendant(s), plaintiff shall file a

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motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which

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the Attorney General has not provided last-known-address information, plaintiff shall

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provide the full name and address for the defendant(s).

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4.

If the Attorney General accepts service of process for any named defendant(s), such

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defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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5.

Henceforth, plaintiff shall serve upon defendant(s) or, if an appearance has been entered

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by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the defendants or counsel for the defendants. If counsel has

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entered a notice of appearance, the plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the address stated therein. The Court may

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disregard any paper received by a district judge or magistrate judge which has not been

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filed with the Clerk, and any paper received by a district judge, magistrate judge, or the

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Clerk which fails to include a certificate showing proper service.

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Dated this 16th day of August, 2013.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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